Chaotic Streets of LA: Trump's Unorthodox Moves and the Legal Blues
California power struggle: What authority does Trump hold?
Los Angeles, CA - The West Coast city has never seen such a dramatic shake-up, as President Trump flexes his unconventional muscle in the Golden State. Protests against his hardline immigration policies have turned the City of Angels into a battleground, with federal forces now patrolling the streets. But what are the legal grounds for Trump's actions, and could we see a martial law-style declaration in the near future? Let's break it down.
The President's Legal Play
Trump has yanked the reins of California's National Guard by invoking Title 10 of the U.S. Code. In everyday circumstances, it's the states that control their National Guard, a military reserve unit that's part of the U.S. armed forces. Each state boasts its own National Guard, ready to be deployed during disasters, riots, or internal emergencies.
But the President’s pulling a fast one. He's employing a provision in Title 10 that enables him to seize control of the National Guard in the case of a "rebellion or danger of rebellion against the authority of the government of the United States." His argument? The demonstrations against immigration officers are a rebellion against the fed.
Not since 1965 has a president taken control of a state's National Guard minus the governor's approval. In '65, under President Johnson, troops were deployed to safeguard almost exclusively black demonstrators during the civil rights movement in Alabama.
National Guard vs. The Marines
On Monday, Trump pumped up the ante, sending 700 Marines to LA. Unlike the National Guard, these soldiers are always under federal control. While they're primarily built for warfare and national security, they're stepping in to back up the National Guard forces, safeguarding federal employees and property. It's a tad fuzzy why this move was necessary, though the authorities explained that the Marines will support the already mobilized National Guard in their obligations.
Limitations of the National Guard
Experts weigh in on the current capabilities of the National Guard. In essence, they can secure immigration officers or buildings. However, they shouldn’t interfere in regular law enforcement efforts, such as arrests or raids. Trump's actions are causing a ruckus in the courtrooms, stirring up many legal questions that'll keep the judges buzzing for some time.
Escalation: The Insurrection Act
To grant the National Guard and possibly the Marine infantry broader powers, Trump would need to declare a kind of martial law and invoke the "Insurrection Act." This Act, dating back to 1807, allows the president to deploy the military within the United States to restore public order, which isn't typically allowed in the U.S. Back in 1965, Johnson took this step during the civil rights movement in Alabama. It was last used in 1992, following the Los Angeles riots after police officers were acquitted for brutally beating Rodney King. Unlike today, however, the governor and mayor of LA requested federal assistance from then-President Bush.
Trump hinted at invoking the Insurrection Act during his first term while protesting against racism and police brutality following the death of George Floyd. He remains tight-lipped about it now but continues to label the protesters “insurrectionists” or “rioters.” On Monday, in a bombastic statement, he declared that the National Guard had thwarted an uprising.
Gearing Up for a Battle
Activating the "Insurrection Act" could eventually mean that the U.S. military would be deployed for law enforcement in LA, potentially leading to arrests or raids. Such a move would significantly polarize the political and social climate in the country, potentially escalating the situation and sparking nationwide protests.
"If the president invokes the Insurrection Act, we’ll see significant legal battles in the coming hours, days, and weeks over whether these broad powers can be exercised under the current circumstances," said Jessica Levinson, a law professor at Loyola Law School in LA. "Everyone should pump the brakes when the president uses emergency powers and local leaders express: Please hold back, we don't need it."
- The President's controversial move to seize control of California's National Guard without the governor's approval, under Title 10 of the U.S. Code, has sparked a debate about the legality of his actions, drawing parallels to President Johnson's intervention during the civil rights movement in Alabama in 1965.
- Trump's recent decision to send 700 Marines to Los Angeles, contrasting the National Guard who are primarily under state control, has raised questions about the need for additional military presence and the potential blurring of lines between warfare and law enforcement.
- As tensions continue to escalate in LA, there are growing concerns about the potential invocation of the Insurrection Act by President Trump. This act, initially enacted in 1807, allows the President to deploy the military within the United States to restore public order, and could result in a significant polarization of the political and social climate, potentially leading to increased nationwide protests and legal challenges.
